- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality (Hong Kong) Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Subject to the provisions of this section, the Secretary of State shall, on an application made for the purpose, register as a British citizen any person who—
(a)is ordinarily resident in Hong Kong at the time of the application; and
(b)satisfies the requirements of subsection (2) or (3) below.
(2)The requirements of this subsection are that, immediately before 4th February 1997 (“the relevant date”), the person—
(a)was ordinarily resident in Hong Kong;
(b)was a British Dependent Territories citizen by virtue only of his having a connection with Hong Kong (within the meaning given by the Schedule to this Act); and
(c)would have been a stateless person if he had not been such a citizen, or such a citizen and a British National (Overseas).
(3)The requirements of this subsection are that, immediately before the relevant date, the person—
(a)was ordinarily resident in Hong Kong;
(b)was a British Overseas citizen, a British subject or a British protected person; and
(c)would have been a stateless person if he had not been such a citizen, subject or person.
(4)Subsections (2) and (3) above shall each have effect, in relation to a person who is or was born at any time on or after the relevant date, as if the reference to immediately before that date were a reference to that time.
(5)Paragraphs (b) and (c) of each of those subsections shall have effect, in relation to a person who, at any time on or after the relevant date, becomes or became—
(a)in the case of subsection (2) above, a British Dependent Territories citizen; or
(b)in the case of subsection (3) above, a British Overseas citizen, a British subject or a British protected person,
as if the reference to immediately before that date were a reference to that time.
(6)A person shall not be registered under subsection (1) above if, on or after the relevant date, he renounces or renounced, or otherwise gives or gave up of his own volition, the status of a national or citizen of a country or territory outside the United Kingdom.
(7)A person shall not be registered under subsection (1) above before 1st July 1997.
(8)In this section expressions which are also used in the M1British Nationality Act 1981 (“the principal Act”) have the same meanings as in that Act.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
(1)A person who is registered as a British citizen under subsection (1) of section 1 above, and satisfies the requirements of subsection (2) of that section, shall be treated for the purposes of the principal Act as—
(a)a British citizen by descent; or
(b)a British citizen otherwise than by descent,
according as, immediately before becoming a British citizen, he was for the purposes of that Act a British Dependent Territories citizen by descent or a British Dependent Territories citizen otherwise than by descent.
(2)A person who is registered as a British citizen under subsection (1) of section 1 above, and satisfies the requirements of subsection (3) of that section, shall be treated for the purposes of the principal Act as a British citizen by descent.
(3)The following provisions of the principal Act shall have effect as if this Act were included in that Act, namely—
section 37 (Commonwealth citizenship);
section 40 (deprivation of citizenship);
section 41 (regulations);
section 42 (general provisions about registration etc.);
section 45 (evidence);
section 46 (offences);
section 47 (legitimated children);
section 48 (posthumous children);
section 50 (interpretation);
section 51(3) (meaning of “citizen of the United Kingdom and Colonies” in other Acts and instruments).
(1)This Act may be cited as the British Nationality (Hong Kong) Act 1997.
(2)This Act has the same extent as the provisions of the principal Act mentioned in section 2(3) above.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: